2. The clear-eyed interpretation of the bush administration modus operandi

"As a practical matter, you couldn't walk in with a warrantless gathered intelligence and use it in a court of law, but the way the bush people have dealt with this is they would probably declare somebody they found listing -- through one of their listing operations as an enemy combatant, throw him in the brig, and due process would be pretty irrelevant under the current procedures."

You are absolutely correct, liveoaktx. That is very creepy indeed, and bears repeating. The bush administration have given themselves an out, and their base would just say, "Well, the person must have done something wrong or they wouldn't have been arrested."

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